Patna High Court
Gorakh Kumar BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The petition for regular bail was denied.
Summary
Gorakh Kumar Bhagat was arrested on 8 February 2021 after 300 kg of ganja was recovered from a truck and has been in custody for over four years. He filed multiple bail applications, which were rejected in earlier orders. The petitioner argued that he had no knowledge of the drug loading and that co‑accused had been granted bail, contending his continued detention was unnecessary. The State and the Union of India contended that the drugs were found in his conscious possession and that all legal requirements under the NDPS Act had been satisfied. The High Court examined the trial court’s report indicating the case was ready for final arguments and, finding no merit in the bail plea, rejected the petition for regular bail.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged conscious possession of a large quantity of ganja.
- Whether the prolonged pre‑trial detention of more than four years is justified under the NDPS Act.
- Whether bail granted to co‑accused affects the petitioner's right to bail.
Subjects
- bail
- NDPS Act
- possession
- pre‑trial detention
- drug trafficking
- large quantity of narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5703 of 2026
Arising Out of PS. Case No.-2 Year-2021 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Aurangabad
======================================================
Gorakh Kumar Bhagat S/O Late Muni Bhagat @ Muni Mali R/O Village-
Birampur, P.O- Birampur, P.S- Koibar, Distt.- Bhojpur(802314)
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Union of India through the Director, NCB, Patna Zonal Unit, Patna.
Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baban Kumar, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
For the UoI : Dr. K. N. Singh, ASG
Mr. Manoj Kumar Singh, CGC
Mr. Ankit Kumar Singh, Advocate
Mr. Radhika Raman, Sr. C.G.C.
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 10-04-2026 Head learned counsel appearing for the petitioner,
learned APP appearing for the State and learned counsel
appearing for the Union of India.
2. Learned counsel for the petitioner submits that the
prayer for bail of the petitioner has earlier been rejected vide
order dated 13.03.2026 passed in Criminal Miscellaneous No.
69338 of 2023, order dated 27.09.2022 passed in Criminal
Miscellaneous No. 54952 of 2021, and order dated 25.04.2025
passed in Criminal Miscellaneous No. 387 of 2025.
3. As per the prosecution case, recovery of 300 kg of
ganja from a truck is the subject matter of the present case.
Patna High Court CR. MISC. No.5703 of 2026(4) dt.10-04-2026
2/3
4. Learned counsel for the petitioner further submits
that the petitioner is in custody since 08.02.2021, i.e., for more
than 4 years and 10 months. It is contended that other co-
accused persons have already been granted bail, whereas the
petitioner has been unnecessarily kept in custody. It is further
submitted that the petitioner is innocent and had no knowledge
regarding the alleged loading of ganja on the truck. Moreover,
the alleged recovery was not made from the conscious
possession of the petitioner.
5. Learned counsel for the Union of India, on the
other hand, submits that a huge quantity of ganja has been
recovered from the truck and the petitioner was apprehended at
the spot. It is further submitted that the recovery was made from
the conscious possession of the petitioner and all legal
requirements have been duly complied with; hence, his bail
applications were rejected on merits.
6. Learned APP for the State opposes the prayer for
bail and submits that the aforesaid aspects have already been
considered in the earlier rejection orders, wherein the bail
application of the petitioner was rejected on merits. It is further
submitted that, in order to ascertain the progress of the trial, this
Court had called for a report from the learned Trial Court, and
Patna High Court CR. MISC. No.5703 of 2026(4) dt.10-04-2026
3/3
upon perusal of the said report, it appears that the case is
presently fixed for final arguments.
7. In view of the aforesaid circumstances, the prayer
for regular bail of the petitioner in connection with NCB Case
No. 02/2021 corresponding to Special Case No. 05/2021,
pending before the learned Special Judge, NDPS, Aurangabad,
is hereby rejected.
(Dr. Anshuman, J)
Ashwini/-
U T
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